Md. Court Allows Rape Charge When Consent to Sex Is Withdrawn
Maryland’s highest court has ruled that a rape can occur if a woman withdraws consent to sex after intercourse has begun.
The ruling by the Maryland Court of Appeals overturns a controversial decision by a lower appeals court in the case, the Washington Post reports. The lower court decision was based on a 1980 opinion by the Court of Appeals, the Baltimore Sun reports.
The ruling yesterday found that a judge erred when she refused to answer jurors’ questions about whether a rape can occur if a woman who agrees to sex changes her mind after intercourse has begun. The judge told jurors that was a question they should decide, but she should have answered in the affirmative, the court said.
Courts in seven other states have also ruled that withdrawn consent can be the basis for a rape charge, the Sun story says.
